PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NY
845-626-2434

MEETING MINUTES OF NOVEMBER 14, 2022 REGULAR MEETING OF Town of Rochester PLANNING BOARD held at 7:00PM at the Harold Lipton Community Center and streamed live via YouTube.

Chair Psaras called the meeting to order at 7:05PM and asked everyone to stand for the Pledge of Allegiance.

Chair Psaras did roll call attendance.

PRESENT: ABSENT:
Bruce Psaras, Chair Nicole Knapp, Planning Board Secretary
Rick Jones Patrick Williams
Marc Grasso
Zachary Jarvis
Maren Lindstrom
Zorian Pinsky
Ann Marie Moloney, Alternate

ALSO PRESENT: Liz Axelson, Planning Consultant, CPL; Mary Lou Christiana, Attorney for the Town

APPLICATION REVIEW:

1. PB 2021 -03 SBD (Minor) Continued Application/PUBLIC HEARING
Vinci Farms c/o Claude Dal Farra
S/B/L 76.1-1-22.112 – Old Pilgrims Way/Clay Hill Rd.

Claude Dal Farra and Solomon Latham were present on behalf of the application.

The Planning Board discussed parking and asked that a narrative be prepared to state how parking was calculated.

Ms. Lindstrom made a motion to conditionally granted the following waiver requests, as long as written requests are received: driveway width, steep slopes, and 100-foot setback from the center of the stream instead of high-water mark.
All in Favor. Motion Carried
6 ayes, 0 nays, 0 abstentions, 1 absent

The applicant was asked to provide a completed Agricultural Data Statement, show the symbols for trees, stone walls, etc. on the legend of the map, and add the zoning requirements table to the map.

Mr. Jones made a motion to grant a provisional waiver for threatened and endangered species and wetlands delineation requirements. Mr. Grasso seconded the motion.
All in Favor. Motion Carried
6 ayes, 0 nays, 0 abstentions, 1 absent

The Board of Health approvals remain outstanding.

There was no one present to speak during the Public Hearing.

Mr. Grasso made a motion to close the Public Hearing. Mr. Jones seconded the motion.
All in Favor. Motion Carried
6 ayes, 0 nays, 0 abstentions, 1 absent

2. PB 2021-07 SBD (Minor) Continued Application/PUBLIC HEARING
CDG Ridgeview
S/B/L 68.1-1-47 – Ridgeview Rd.

Chris Di Chiaro, John Heidecker, and Christopher Coleman were present on behalf of the application.

The Board discussed the soil stockpile detail that was waived at the previous meeting. It was determined this information was still necessary and would need to be added to the final plan set.

Mr. Grasso read the DRAFT conditional final approval prepared by Ms. Axelson:

Decision: PB 2021-07 SBD

Lot Line Improvement and Minor Subdivision Conditional Final Approval

Applicant: Ryan Scully for CDG Ridgeview LLC

Reason for Request: Applicant proposes the combination of two lots S/B/L 68.1-1-47 and 68.1-1-48, which is (+/- ) 69.63 acres when combined. The Applicant also proposes a subdivision of the combined +/- 69.63-acre parcel into five lots, with Lot #1 – +/- 15.94 acres, Lot #2: +/-14.98 acres, and Lot #3 – +/- 11.78 acres located on a shared driveway off of Ridgeview Road; and Lot #4: +/-14.68 acres and Lot #5: +/-12.25 acres, each with individual driveways off of Ridgeview Road.

Location: Ridgeview Road, Mombaccus, NY
Total Acreage: +/- 69.63 acres
S/B/L: 68.1-1-47 and 68.1-1-48
Zoning District: R-2 (Low Density Residential District)

The applicant proposes the combination of two lots S/B/L 68.1-1-47 and 68.1-1-48 (+/- ), which is 69.63 acres when combined. The Applicant also proposes a five (5) lot subdivision of the parcel. The parcel’s current use is vacant, with frontage on Ridgeview Road; and is +/-69.63 acres. The subdivision would result in the creation of 5 lots with: Lot #1 – +/- 15.94 acres, Lot #2: +/-14.98 acres, and Lot #3 – +/- 11.78 acres located on a shared driveway off of Ridgeview Road; and Lot #4: +/-14.68 acres and Lot #5: +/-12.25 acres, each with individual driveways off of Ridgeview Road. Each of the 5 individual lots would be developed with new homes, wells, subsurface sewage disposal systems (septics) and individual driveways, etc. A fifty-foot (50’) wide, 1,850‘-long right-of-way (ROW) is delineated to provide for a shared 16’-wide gravel driveway from Ridgeview Road for proposed lots 1 through 3. Proposed lots 4 and 5 will each have separate driveways off of Ridgeview Road. This design provides driveway access for 5 lots via 3 points of access on Ridgeview Road.

SEQRA: Unlisted/Uncoordinated, and Negative Declaration on October 12, 2022
Code Enforcement Determination: Lot Line Improvement and Minor Subdivision
Zoning Permit: 21/201, with Zoning Determination Letter dated April 22, 2021

Planning Board Application: 2021-07 SBD
PB Application filed: 4/22/21
EAF filed: 4/22/21
Other Agency Referrals: Accord Fire District, New York State Historic Preservation Office

WHEREAS, an application for lot line improvement and subdivision approval was submitted to the Planning Board for the project as follows:
• the application was submitted by Ryan Scully for CDG Ridgeview LLC, Applicant (the “Project Sponsor”);
• “Project Sponsor,” wherever used herein shall mean, and is intended to mean, the Applicant as identified in the above referenced Application, its successors in interest or assignees as may be appropriate;
• the applicant paid application fees and deposited monies into an escrow account to cover the consultant charges for the review of the project in accordance with the current Fee Schedule and in agreement with the provisions of Section 125-19 of the Town of Rochester (TOR) Subdivision Code, and Section 140-63 of the Code of the Town of Rochester.
• the applicant submitted a set of drawings (5 sheets), entitled Proposed Subdivision Plan on Lands of CDG Ridgeview LLC, prepared by Christopher DiChiaro, PE, Christopher DiChiaro, PE Civil Engineer, dated May 27, 2021, revised October 28, 2022, including the following plan sheets: – Proposed Subdivision Plan; – Proposed Shared Dwy Plan; – Proposed Driveways Plan; – ESC Plan; and – Steep Slopes Analysis Plan; and
• the applicant also submitted a Map of Subdivision of Lands Belonging to CDG Ridgeview LLC, prepared by prepared by John G. Heidecker, LS, date August 29, 2022, last revised October 31, 2022;
• the applicant submitted the above listed plans and other materials, as more fully listed at the end of this resolution; and
• the application was accepted by the Planning Board of the Town of Rochester on April 22, 2021; and
• the application was referred by the Planning Board of the Town of Rochester to the Town Consulting Planner and Engineer, and the Town Planning Board Attorney; and

WHEREAS, the action is an Unlisted action pursuant to 6 NYCRR 617.4 and 617.5 of the implementing regulations pertaining to Article 8 of the SEQRA (State Environmental Quality Review Act) of the Environmental Conservation Law; and the Planning Board concluded its review under SEQRA by adopting a Determination of Non-Significance (Negative Declaration) at its regular meeting on October 12, 2022; and

WHEREAS, the Planning Board reviewed the Application, and all supporting documentation and information pursuant to the standards and criteria for subdivision approval set forth in the Code of the Town of Rochester, Chapter 125, Subdivision of Land; and pertinent requirements and standards of Chapter 140, Zoning; and

WHEREAS, the Planning Board held a duly noticed public hearing on the completed Application pursuant to Chapter 125, Code § 125-12. F on October 12, 2022, which was closed on November 14, 2022;

FINDINGS:

NOW THEREFORE BE IT RESOLVED, the Planning Board of the Town of Rochester makes the following findings about this project:

1. The Planning Board received zoning determination and classification that the subdivision is located in an R-5 (Rural Conservation) zoning district and is a minor subdivision per correspondence from the Code Enforcement Officer received April 22, 2021.
2. The proposed combination of two vacant lots and concurrent five (5) lot subdivision with frontage on Ridgeview Road would result in the creation of 5 lots with: Lot #1 – +/- 15.94 acres, Lot #2: +/-14.98 acres, and Lot #3 – +/- 11.78 acres located on a shared driveway off of Ridgeview Road; and Lot #4: +/-14.68 acres and Lot #5: +/-12.25 acres, each with individual driveways off of Ridgeview Road. Each of the 5 lots would be developed with new homes, wells, septics and individual driveways, etc.
3. The proposed fifty-foot (50’) wide, 1,850‘- long right-of-way (ROW) delineated to provide for a shared 16’-wide gravel driveway from Ridgeview Road for proposed lots 1 through 3, is designed in compliance with pertinent requirements and standards of the Code of the Town of Rochester.
4. The subdivision was discussed at regular meetings of the Planning Board held on May 10, 2021; June 14, 2021; July 12, 2021; October 14, 2021; December 13, 2021; July 11, 2022; September 12, 2022; October 12, 2022 and November 14, 2022, during which the Planning Board, its consultant and the Applicant representative discussed the site’s land use and natural features including the site’s topography, and access.
5. In response to material set forth by the applicant as well as the Town’s consultants along with comments from the Planning Board, the Board finds the following impacts and determinations based on the most current plan sets last revised October 28 and 31, 2022, respectively and as noted above, including:
a. The site is undeveloped and would result in the creation of five new lots for new homes, 3 of which would have access to Ridgeview Road via a shared driveway, as described above. Accordingly, there would be an increase in land development; and a corresponding change and increase in stormwater runoff from the proposed subdivision; and
b. The proposed lots will comply with the R-5 (Rural Conservation) zoning district lot area and bulk requirements and pertinent subdivision design standards and requirements.
6. The plans show a properly delineated wetland area and also a boundary for a proposed 22.3-acre conservation area, which includes the wetland area, wooded areas, Ulster County Habitat Core area, and steeply sloped areas (slopes of 20% or greater). On the plans, the labeled Conservation Area Boundary is proposed to be marked at intervals with specified witness posts. The plans set forth detailed Conservation Area Notes prohibiting tree cutting, excavation and other types of disturbance; prohibiting construction, placement or storage of any improvements, structures, vehicles, ashes or any other type of waste, or traps of any kind; and prohibiting the use of any motorized vehicles. Additionally, the Conservation Area Notes state that the area shall be managed in accordance with sound and generally accepted soil and water conservation practices as further described in the plan notation.
7. The applicant requested waivers from the requirement to conduct a tree survey and to identify trees of twenty-four inches (24”) diameter at breast height (dbh) in areas on each lot proposed for disturbance and labelling same on the plan set, which waivers were granted by the Planning Board.

These Findings having been prepared by the Board and read and discussed, and amended regarding the R-5 (Rural Conservation) zoning District, at the meeting of November 14, 2022. The Board hereby Adopts these Findings on November 14, 2022, by the following Vote:

Ayes: _6_ Nays: _0_ Absent: _1_

Motion to adopt findings by: _Rick Jones_
Seconded by: _Zorian Pinsky_

CONDITIONS OF APPROVAL

NOW THEREFORE BE IT RESOLVED, that the Town of Rochester Planning Board hereby grants Minor Subdivision Conditional Final Approval of the proposed 5-lot subdivision situated with frontage on Ridgeview Road, as depicted on the 5-sheet plan set entitled “Proposed Subdivision Plan on Lands of CDG Ridgeview LLC”, prepared by Christopher DiChiaro, PE, Christopher DiChiaro, PE Civil Engineer, dated May 27, 2021, revised October 28, 2022, including the following plan sheets: – Proposed Subdivision Plan; – Proposed Shared Dwy Plan; – Proposed Driveways Plan; – ESC Plan; and – Steep Slopes Analysis Plan; and the Map of Subdivision of Lands Belonging to CDG Ridgeview LLC, prepared by John G. Heidecker, LS, date August 29, 2022, last revised October 31, 2022”, subject to satisfactory compliance with the following conditions:
1. The Project Sponsor shall reimburse the Town of Rochester for all costs incurred by the Town for the review of this subdivision proposal. The final plat for this subdivision will not be stamped and signed by the Planning Board Chairman unless and until all appropriate costs incurred by the Town for the customary and necessary review have been paid for by the Applicant by either means of the escrow account established at the initial application stage or by check payable to the Town of Rochester.
2. The Applicant shall present Final Plans for signature, which shall be entitled “Final Subdivision Plat for Lands of CDG Ridgeview LLC”.
3. Provide an updated survey sheet prepared by John G. Heidecker, LS, revised to address the following:
a. On the survey plan sheet, add a separate callout pointing to the wetland boundary line with the same notation as shown on the engineering plans, as follows:
“Approximate Line of Wetland Boundary as delineated by Michael Nowicki, Biologist of Ecological Solutions LLC on June 20, 2021”;
b. Clearly outline, and label with a callout, the “Proposed Conservation Area Boundary, Typ., Approx. 22.3 Acres (See Conservation Area Notes)”;
c. Revise the engineering plans to provide a soil stockpile detail; and
d. Add the full R-5 ‘Rural Conservation’ Zoning Requirements …:” table as shown on the engineering plans.

4. Revise both the 5-sheet engineering plan set and survey plan sheet to include the same consistent “contact” and “owner/subdivider” information including tax parcel identification and Deed information.
5. Both the 5-sheet engineering plan set, and survey plan sheet shall include clear, specific updated notation referring each to the other corresponding plans submitted for and approved in this resolution.
6. Revise the following plan notation about nearby farming on the engineering plan set to read as follows:
“Town of Rochester Code 75-4: This property may border a farm, as defined in Chapter 75 of the Town of Rochester Code. Residents should be aware that farmers have the right to undertake farm practices which may generate dust, odor, smoke, noise and vibrations and which may involve insecticides, herbicides, pesticides, etc.”
7. Add the following shared driveway plan notation to the engineering plan set and to the survey plan:
“The proposed fifty foot (50’) wide perpetual ingress-egress right-of-way (ROW) shown hereon shall be used in common by the owners of lot(s) numbered one (1) through three (3). Any such right-of-way shall be in effect and binding upon the owners of said lots, their heirs, successors, and assigns and all future owners of said lots, their heirs, successors, and assigns, upon filing of this subdivision plat in the Office of the Ulster County Clerk.”
And
“The Planning Board approves the use of a shared driveway as shown on this plat (plan) to service no more than two single family dwellings via access from a shared driveway through the establishment of a right-of-way. The shared driveway shall be utilized by no more than a total of three single family dwellings or lots including the lot it has access over.”
8. The engineering plan set, and survey plan should have the same revision dates.
9. The owner shall provide a letter, certified and stamped by a professional engineer, certifying that the proposed well and water supply on lots #2 through #4 shall conform to the requirements of Ulster County Department of Health prior to the Planning Board Chairman’s signature on the subdivision plan.
10. The Owners’ Consent Block shall be signed and dated by the Owners following the date of last revision and prior to the Chair signing the plat.

This Minor Subdivision Conditional Final Approval shall expire 180 days from this approval date unless the Final Plat is presented and signed by the Chairman. This period may be extended for two additional 90-day periods upon application to and resolution by the Town of Rochester Planning Board.

The Town of Rochester Planning Board further grants Minor Subdivision Conditional Final Approval upon satisfactory completion of the conditions of Approval 1 through 10, above.

EFFECT of APPROVAL:

1. The owner shall file in the office of the Ulster County Clerk such approved plat bearing the Chairman’s signature and any other related documents within 62 days from the date of signature or such approval shall be deemed to expire without further notice in accordance with NYS Town Law §276.
2. The owner shall have the responsibility to return three (3) Ulster County Clerk certified copies of the filed plat and any other related documents to the T/ Rochester Planning Board within 30 days of such filing.

Adopted November 14, 2022, by the following vote:

Ayes: _6_ Nays: _0_ Absent: _1_

Motion to adopt approval with condition by: _ Rick Jones _
Seconded by: _Marc Grasso _

3. PB 2022-07 SBD (Minor) Continued Application
Wild Lands, LLC
S/B/L 77.2-4-18.110 – Rock Hill Rd.

Michael Fink and Robert James were present on behalf of the application.

Mr. James stated the Road Maintenance Agreement was submitted to Ms. Christiana. Ms. Christiana will confer with the applicant’s attorney on comments and/or changes.

Ms. Axelson suggested changing the line weight on the map to make the right of way more clearly indicated.

Mr. James stated he made a submission to the Highway Department but has not received a response. Applicant to follow up.

The secretary will send the link to the DEC’s Hudson Valley Natural Resource Mapper to the applicant’s representative.

The Planning Board will engage wetlands consultant Bruce Barber and will coordinate dates for site visits and field observations. Mr. James will stake the property lines, corners, lots, and driveways.

Mr. Jones made a motion to refer this application to the Accord Fire District, the Historic Preservation Commission, and Town of Rochester Highway Department. The Planning Board Agreed as a part of this motion to refer the application to the Environmental Conservation Commission once Mr. Barber has done his field observations. Mr. Grasso seconded the motion.
All in Favor. Motion Carried
6 ayes, 0 nays, 0 abstentions, 1 absent

4. PB 2022-05 SUP New Application
Harana Market
S/B/L 76.2-2-49 – 5125 Rt 209

Michael Lockwood, Michael Wentland, Chris Mauricio, and Eva Tringali were present on behalf of the application.

Chair Psaras stated the Planning Board has reviewed the submitted materials and that a pre-application should be scheduled before the process continues. The Planning Board secretary will arrange for this meeting so the items can be detailed in a checklist format.

OTHER MATTERS:
o Town Board Referrals:

1. Local Law W – Multifamily Residential Units
The Planning Board had extensive discussion on this Local Law.
Chair Psaras made a motion to have Mr. Grasso draft a letter to the Town Board highlighting the points of their discussion and comments. Mr. Jones seconded the motion.
All in Favor. Motion Carried
6 ayes, 0 nays, 0 abstentions, 1 absent
2. Local Law X – Solar Energy
The Planning Board had no comments on this Local Law.
3. Local Law Y – Planned Unit Development
The Planning Board agreed to recommend the elimination of this Local Law.
Local Law Z – Affordable Housing

The Planning Board had no comments on this Local Law.
4. Local Law AA – Home Occupation Regulations

The Planning Board had no comments on this Local Law.

5. Local Law BB – Various
The Planning Board had no comments on this Local Law.

TRAINING:

ANNOUNCEMENTS AND COMMUNICATIONS:

Chair Psaras made a motion to cancel the 11/28/22 workshop meeting. Mr. Jarvis seconded the motion
All in Favor. Motion Carried
6 ayes, 0 nays, 0 abstentions, 1 absent

ACTION ON MINUTES:

Ms. Lindstrom made a motion to accept the 10/12/2022 Regular Meeting Minutes and 11/2/2022 Workshop Meeting Minutes. Mr. Jones seconded the motion.
All in Favor. Motion Carried
6 ayes, 0 nays, 0 abstentions, 1 absent

ADJOURNMENT:

Mr. Grasso made a motion to adjourn the meeting. Mr. Jones seconded the motion.
All in Favor. Motion Carried
6 ayes, 0 nays, 0 abstentions, 1 absent

Respectfully submitted,
Nicole Knapp,
Secretary